Chapter 210 — HEALTH FACILITIES AND REGULATION

(210 ILCS 45/3-602) (from Ch. 111 1/2, par. 4153-602) Sec. 3-602. The licensee shall pay the actual damages and costs and attorney's fees to a facility resident whose rights, as specified in Part 1 of Article II of this Act, including, but not limited to, the rights under Section…

(210 ILCS 45/3-603) (from Ch. 111 1/2, par. 4153-603) Sec. 3-603. A resident may maintain an action under this Act for any other type of relief, including injunctive and declaratory relief, permitted by law. (Source: P.A. 81-223.)

(210 ILCS 45/3-604) (from Ch. 111 1/2, par. 4153-604) Sec. 3-604. Any damages recoverable under Sections 3-601 through 3-607, including minimum damages as provided by these Sections, may be recovered in any action which a court may authorize to be brought as a class action pursua…

(210 ILCS 45/3-605) (from Ch. 111 1/2, par. 4153-605) Sec. 3-605. The amount of damages recovered by a resident in an action brought under Sections 3-601 through 3-607 shall be exempt for purposes of determining initial or continuing eligibility for medical assistance under "The …

(210 ILCS 45/3-606) (from Ch. 111 1/2, par. 4153-606) Sec. 3-606. Any waiver by a resident or his legal representative of the right to commence an action under Sections 3-601 through 3-607, whether oral or in writing, shall be null and void, and without legal force or effect. (So…

(210 ILCS 45/3-607) (from Ch. 111 1/2, par. 4153-607) Sec. 3-607. Any party to an action brought under Sections 3-601 through 3-607 shall be entitled to a trial by jury and any waiver of the right to a trial by a jury, whether oral or in writing, prior to the commencement of an a…

(210 ILCS 45/3-608) (from Ch. 111 1/2, par. 4153-608) Sec. 3-608. A licensee or its agents or employees shall not transfer, discharge, evict, harass, dismiss, or retaliate against a resident, a resident's representative, or an employee or agent who makes a report under Section 2-…

(210 ILCS 45/3-609) (from Ch. 111 1/2, par. 4153-609) Sec. 3-609. Any person, institution or agency, under this Act, participating in good faith in the making of a report, or in the investigation of such a report shall not be deemed to have violated any privileged communication a…

(210 ILCS 45/3-610) (from Ch. 111 1/2, par. 4153-610) Sec. 3-610. Duty to report violations. (a) A facility employee or agent who becomes aware of abuse or neglect of a resident prohibited by Section 2-107 shall immediately report the matter to the Department and to the facility …

(210 ILCS 45/3-611) (from Ch. 111 1/2, par. 4153-611) Sec. 3-611. Employee as perpetrator of abuse. When an investigation of a report of suspected abuse of a recipient indicates, based upon credible evidence, that an employee of a long term care facility is the perpetrator of the…

(210 ILCS 45/3-612) (from Ch. 111 1/2, par. 4153-612) Sec. 3-612. Resident as perpetrator of abuse. When an investigation of a report of suspected abuse of a resident indicates, based upon credible evidence, that another resident of the long term care facility is the perpetrator …

(210 ILCS 45/3-613) Sec. 3-613. Facility employee assistance programs. A facility shall ensure that nurses employed by the facility are aware of employee assistance programs or other like programs available for the physical and mental well-being of the employee. The facility shal…

(210 ILCS 45/3-614) Sec. 3-614. Certified nursing assistant interns. (a) A certified nursing assistant intern shall report to a facility's charge nurse or nursing supervisor and may only be assigned duties authorized in Section 2310-434 of the Department of Public Health Powers a…

(210 ILCS 45/3-615) Sec. 3-615. Posting of Long Term Care Ombudsman Program information. (a) Except as provided under subsection (b), all licensed facilities shall post on the home page of the facility's website the following: (1) The Long Term Care Ombudsman Program's statewide …

(210 ILCS 45/3-701) (from Ch. 111 1/2, par. 4153-701) Sec. 3-701. The operation or maintenance of a facility in violation of this Act, or of the rules and regulations promulgated by the Department, is declared a public nuisance inimical to the public welfare. The Director in the …

(210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702) Sec. 3-702. (a) A person who believes that this Act or a rule promulgated under this Act may have been violated may request an investigation. The request may be submitted to the Department in writing, by telephone, by electron…

(210 ILCS 45/3-703) (from Ch. 111 1/2, par. 4153-703) Sec. 3-703. Any person requesting a hearing pursuant to Sections 2-110, 3-115, 3-118, 3-119, 3-301, 3-303, 3-309, 3-410, 3-422 or 3-702 to contest a decision rendered in a particular case may have such decision reviewed in acc…

(210 ILCS 45/3-704) (from Ch. 111 1/2, par. 4153-704) Sec. 3-704. A request for a hearing by aggrieved persons shall be taken to the Department as follows: (a) Upon the receipt of a request in writing for a hearing, the Director or a person designated in writing by the Director t…

(210 ILCS 45/3-705) (from Ch. 111 1/2, par. 4153-705) Sec. 3-705. The Director or hearing officer may compel by subpoena or subpoena duces tecum the attendance and testimony of witnesses and the production of books and papers, and administer oaths to witnesses. (Source: P.A. 81-2…

(210 ILCS 45/3-706) (from Ch. 111 1/2, par. 4153-706) Sec. 3-706. The Director or hearing officer shall permit any party to appear in person and to be represented by counsel at the hearing, at which time the applicant or licensee shall be afforded an opportunity to present all re…

(210 ILCS 45/3-707) (from Ch. 111 1/2, par. 4153-707) Sec. 3-707. The Director or hearing officer shall make findings of fact in such hearing, and the Director shall render his decision within 30 days after the termination of the hearing, unless additional time not to exceed 90 d…

(210 ILCS 45/3-708) (from Ch. 111 1/2, par. 4153-708) Sec. 3-708. The Director or hearing officer shall not be bound by common law or statutory rules of evidence, or by technical or formal rules of procedure, but shall conduct hearings in the manner best calculated to result in s…

(210 ILCS 45/3-709) (from Ch. 111 1/2, par. 4153-709) Sec. 3-709. All subpoenas issued by the Director or hearing officer may be served as provided for in civil actions. The fees of witnesses for attendance and travel shall be the same as the fees for witnesses before the circuit…

(210 ILCS 45/3-710) (from Ch. 111 1/2, par. 4153-710) Sec. 3-710. In cases of refusal of a witness to attend or testify or to produce books or papers, concerning any matter upon which he might be lawfully examined, the circuit court of the county wherein the hearing is held, upon…

(210 ILCS 45/3-711) (from Ch. 111 1/2, par. 4153-711) Sec. 3-711. The Department, at its expense, shall provide a stenographer to take the testimony, or otherwise record the testimony, and preserve a record of all proceedings under this Section. The notice of hearing, the complai…

(210 ILCS 45/3-712) (from Ch. 111 1/2, par. 4153-712) Sec. 3-712. The Department shall not be required to certify any record or file any answer or otherwise appear in any proceeding for judicial review under Section 3-713 of this Act unless the party filing the complaint deposits…

(210 ILCS 45/3-713) (from Ch. 111 1/2, par. 4153-713) Sec. 3-713. (a) Final administrative decisions after hearing shall be subject to judicial review exclusively as provided in the Administrative Review Law, as now or hereafter amended, except that any petition for judicial revi…

(210 ILCS 45/3-713.5) Sec. 3-713.5. Informal dispute resolution. Pursuant to the requirements of subsection (c) of Section 3-212 of this Act, when a facility submits comments refuting licensure findings, it shall be considered an informal dispute resolution if the same findings w…

(210 ILCS 45/3-714) (from Ch. 111 1/2, par. 4153-714) Sec. 3-714. The remedies provided by this Act are cumulative and shall not be construed as restricting any party from seeking any remedy, provisional or otherwise, provided by law for the benefit of the party, from obtaining a…

(210 ILCS 45/3-801) (from Ch. 111 1/2, par. 4153-801) Sec. 3-801. The Department shall have the power to adopt rules and regulations to carry out the purpose of this Act. (Source: P.A. 81-223.)

(210 ILCS 45/3-801.1) (from Ch. 111 1/2, par. 4153-801.1) Sec. 3-801.1. Notwithstanding the other provisions of this Act to the contrary, the agency designated by the Governor under Section 1 of "An Act in relation to the protection and advocacy of the rights of persons with deve…

(210 ILCS 45/3-801.2) Sec. 3-801.2. Closed captioning required. A facility licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a resident's …

(210 ILCS 45/3-802) (from Ch. 111 1/2, par. 4153-802) Sec. 3-802. The provisions of "The Illinois Administrative Procedure Act", approved September 22, 1975, as now or hereafter amended, are hereby expressly adopted and shall apply to all administrative rules and procedures of th…

(210 ILCS 45/3-803) (from Ch. 111 1/2, par. 4153-803) Sec. 3-803. Nothing in this Act or the rules and regulations adopted pursuant thereto shall be construed as authorizing the medical supervision, regulation, or control of the remedial care or treatment of residents in any faci…

(210 ILCS 45/3-804) (from Ch. 111 1/2, par. 4153-804) Sec. 3-804. The Department shall report to the General Assembly by July 1 of each year upon the performance of its inspection, survey and evaluation duties under this Act, including the number and needs of the Department perso…

(210 ILCS 45/3-805) (from Ch. 111 1/2, par. 4153-805) Sec. 3-805. (a) The Department shall conduct a pilot project to examine, study and contrast the Joint Commission on the Accreditation of Health Care Organizations ("Commission") accreditation review process with the current re…

(210 ILCS 45/3-807) Sec. 3-807. Review of shelter care licensure standards. On or before March 1, 1994, the Department shall submit to the Governor and the General Assembly a report concerning the necessity of revising the current statutory and regulatory standards of licensure u…

(210 ILCS 45/3-808) Sec. 3-808. Protocol for sexual assault victims; nursing home. The Department shall develop a protocol for the care and treatment of residents who have been sexually assaulted in a long term care facility or elsewhere. (Source: P.A. 96-1372, eff. 7-29-10.)

(210 ILCS 45/3-808.5) Sec. 3-808.5. Nursing home fraud, abuse, and neglect prevention and reporting. (a) Every licensed long term care facility that receives Medicaid funding shall prominently display in its lobby, in its dining areas, and on each floor of the facility informatio…

(210 ILCS 45/3-809) Sec. 3-809. Rules to implement changes. In developing rules and regulations to implement changes made by this amendatory Act of the 96th General Assembly, the Department shall seek the input of advocates for long term care facility residents, representatives o…

(210 ILCS 45/3-810) Sec. 3-810. Whistleblower protection. (a) In this Section, "retaliatory action" means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms and conditions of employment of any employee of a facility that is tak…

(210 ILCS 45/3-811) Sec. 3-811. Joint provider, surveyor, and association trainings. The Department shall semiannually provide joint training sessions for surveyors and nursing home providers. The Department shall include the State long-term care ombudsman, or the State long-term…

(210 ILCS 45/3A-101) Sec. 3A-101. Cooperative arrangements. Not later than June 30, 1996, the Department shall enter into one or more cooperative arrangements with the Illinois Department of Public Aid, the Department on Aging, the Office of the State Fire Marshal, and any other …

(210 ILCS 46/1-101) Sec. 1-101. Short title. This Act may be cited as the MC/DD Act. (Source: P.A. 99-180, eff. 7-29-15.)

(210 ILCS 46/1-101.05) Sec. 1-101.05. Prior law. (a) This Act provides for the licensure of medically complex for the developmentally disabled facilities. On and after the effective date of this Act, long-term care for under age 22 facilities shall be known and licensed as medica…

(210 ILCS 46/1-102) Sec. 1-102. Definitions. For the purposes of this Act, unless the context otherwise requires, the terms defined in this Article have the meanings ascribed to them herein. (Source: P.A. 99-180, eff. 7-29-15.)

(210 ILCS 46/1-103) Sec. 1-103. Abuse. "Abuse" means any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility. (Source: P.A. 99-180, eff. 7-29-15.)

(210 ILCS 46/1-104) Sec. 1-104. Access. "Access" means the right to: (1) Enter any facility; (2) Communicate privately and without restriction with any resident who consents to the communication; (3) Seek consent to communicate privately and without restriction with any resident;…

(210 ILCS 46/1-105) Sec. 1-105. Administrator. "Administrator" means a person who is charged with the general administration and supervision of a facility and licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act, as now or hereafter amended.…

(210 ILCS 46/1-106) Sec. 1-106. Affiliate. "Affiliate" means: (1) With respect to a partnership, each partner thereof. (2) With respect to a corporation, each officer, director and stockholder thereof. (3) With respect to a natural person: any person related in the first degree o…